The Constitution and Bill of Rights are the supreme laws that govern daily life in the United States. We may not always have time to contemplate how those laws protect or impact our civil rights and liberties. Some people don’t take notice of their Constitutional rights until they have already been violated. Others may have experienced a violation of their civil rights but may not even realize it.
Or, if they do suspect that their rights have been violated, many people are not sure about what to do next in order to seek justice or compensation. Understanding the rights enumerated in the Constitution will better equip you to identify situations where your civil rights and liberties may be at risk.
The Individual Freedoms Protected By The Constitution
The Constitution is a comprehensive legal document, but its scope is limited to very specific issues. It grants certain fundamental freedoms: the freedom to practice any religion, the freedom to peacefully assemble and protest with other people, and protection against unreasonable searches and seizures.
Also among these freedoms are the right to be tried by a fair and unbiased jury, the right to legal counsel when accused of a crime, and the right to be free from cruel and unusual punishment. All of these liberties—and more—are directly granted by the Constitution and its Bill of Rights, which means that it is from this foundation that legal proceedings can arise should your rights be violated.
Freedoms Often Utilized But Not Explicitly Stated In The Constitution
However, people who live and work in America also benefit from a wide range of liberties that are not explicitly mentioned in the Constitution or its amendments. For example, the founding documents do not specifically touch upon employment law, but there is a general understanding among most people that they have the right not to be fired from their job for reasons such as disability, religion or gender.
In this way, the Constitution sets up a baseline from which legal precedent can be established; precedent refers to the official outcome or judgment of court cases and how that impacts a law’s interpretation in future, similar legal cases. The Constitution is a living document that safeguards your individual rights by acting as a foundation where future trends in court decisions may impact how the protection of those rights and freedoms are interpreted. Employment law is one of many fields of law that is not directly addressed by the Constitution but is instead informed by historical constitutional precedent.
The Constitution Provides Recourse For The Violation Of Rights
If you or someone you know has been practicing their rights in accordance with the Constitution and those rights have been violated or restricted unjustly, you may be able to proceed with legal action in order to secure compensation for your damages. For example, as mentioned previously, the Constitution and its amendments protect against unreasonable search and seizure. If a police officer detains you without cause, it is you as a person who has been unreasonably seized.
Your rights have been violated, and you may be eligible to file a lawsuit against the offending officer or their police department to secure damages. The damages that you may be eligible to receive might vary depending on the details of your specific case. For example, if you lost your job because you were unable to go to work due to your detainment, you could be compensated for your loss of wages or loss of employment.
If the officer caused physical injury to you, you may receive compensation to cover your medical bills. Even if your specific violation does not fall within the scope of the Constitution, the United States has passed other supportive laws designed to safeguard and protect its citizens and residents.
Trust The Professionals To Help You Seek Legal Action If Your Rights Have Been Violated
Whether you have questions about how the Constitution protects your rights or you believe that your rights have been violated, contact an experienced legal professional for more information. The attorneys at The Brown Firm would be happy to help you determine if you have a legal case and if legal representation should be your next step. Reach out to learn more about the services we offer or to schedule a consultation with one of our attorneys.
